Louisiana Personal Injury Lawyer Blog
In Louisiana, a party is responsible for the full extent of injuries he or she causes to another. Lawsuits stemming from these incidents usually arise over which party is more at fault or if any of the injuries were actually caused by the event at issue. Whether the party at fault has to pay the undisputed medical expenses is rarely at the center of these disputes, however, the following case from St. Bernard Parish, details why an injured party had to bring that very issue to appeal.
In 2010, Alfred Ronsonette, who was disabled and used a wheelchair, boarded a St. Bernard Urban Rapid Transit bus. Mr. Ronsonette placed himself in an open space on the bus, but the bus driver, Edith Cantrell, did not tie down his wheelchair, as is standard. The bus made a right turn, and the wheelchair fell over and took Mr. Ronsonette with it. He was immediately taken to the emergency room.
Mr. Ronsonette, and his wife, Darrall Ronsonette, filed a lawsuit against the St. Bernard Parish Government (St. Bernard). The trial court found St. Bernard 100 percent at fault for the accident, but only awarded Mr. Ronsonette $10,155.76 in general damages and medical expenses. The court did not award Mrs. Ronsonette anything in loss of consortium damages. The Ronsonettes appealed this decision based on all three of these awards.
Car accidents have become so commonplace in our society that many states require automobile and accident insurance. If and when you find yourself in the unfortunate situation of being in a car accident, you expect the party at fault to foot the bill. That’s where insurance steps in. As insurance claims are one of the most litigated issues nationwide, the interpretation of insurance laws is not always so clear. The following case examines two specific issues that ultimately needed to be settled in the highest court in Louisiana.
Have you ever suffered personal injury from an accident while traveling to or from work? Generally, pursuant to the Louisiana Workers’ Compensation Act employers are not responsible for injuries sustained by employees while traveling to or from work because these injuries are not considered to have occurred within the course of employment. This is known as the “going-and-coming” rule, under which the employment relationship is considered suspended from the time the employee leaves his or her workplace. However, there are certain exceptions to this rule that allow a claimant to recover even though the injury was sustained while traveling to or from work. The following case illustrates one such exception: if the accident occurred on the employer’s premises, the employee may be covered under workers’ compensation laws.
When an employee is injured on the job they often have extensive medical bills and less money to pay those bills because they may not be able to work. While workman’s compensation, insurance, and disability benefits are available to cover those costs, there is another form of compensation available to those who are injured as a result of negligence or other bad acts. The injured party can file a lawsuit against those responsible. Of course, there are often questions surrounding who is in fact legally responsible, e.g., for maintenance of a job site, and it takes an experienced lawyer to navigate such complicated legal questions.
People get car insurance to protect themselves in the event of a car accident. It is thus important that one takes care to research and consider what insurance plan is best for one’s needs. Liability insurance is designed to protect a person who owns or drives a vehicle from the costs of a lawsuit that might happen if that vehicle is in an accident. Insurance contracts define the scope of what sort of vehicles or potential plaintiffs will be considered covered under the policy. Generally, courts prefer to preserve the “
Minor car accidents occur on a daily basis. Many of us have probably been involved in a fender bender or two, ourselves. The usual course of action includes exchanging information and getting insurance companies involved, but even the smallest car accidents can lead to litigation. It is imperative to understand everything that is necessary in order to prevail at trial in such matters. Unfortunately for one plaintiff in Crowley, Louisiana, the complexities involved with these seemingly small lawsuits left him unable to overcome his burden of proof at trial.
Driving is a dangerous and daily task for many people and becomes even riskier when roads aren’t conducive to safety. Adding modern distractions like cell phones and a splash of alcohol to the equation creates the perfect storm for a terrible collision. An incident in Lafayette, Louisiana demonstrates how the culmination of these factors can create difficulties when a court is trying to determine liability and damages.
When asserting a cause of action or maintaining certain legal defenses in court, parties bear the burden of proving their case. This is done by presenting evidence to the court such as documents and witness testimony. Often, certain issues will require the court to make findings of fact which require scientific expertise or specialized knowledge. Expert witnesses assist the trial court in understanding complex issues of fact that could be determinative to the outcome of a case. A recent decision discusses how a court qualifies experts and utilizes their testimony.
Failing to name all potentially liable parties in a lawsuit in a timely manner could result in the loss of the right to add those parties to the lawsuit at all. A case out of Avoyelles Parish, Louisiana illustrates the importance of finding a good lawyer after an automobile accident to ensure that all potentially liable parties are named before it is too late. 
If you are involved in a motor vehicle accident while making a left turn, you are presumed to be negligent because of the dangerous nature of the turn. You will have to overcome this presumption of negligence even if you think the accident is not your fault. See Baker v. State Farm Mut. Auto. Ins. Co., 162 So.3d 405 (La. Ct. App. 2015).